co-alert

War Resisters'
International, London

28 March 2008

TURKEY:
Conscientious objector Halil Savda arrested again

Turkish conscientious objector
Halil Savda was arrested again on 27 March 2008, during a
solidarity demonstration for imprisoned conscientious objector
Ismail Saygi. Halil Savda read a statement in the name of
the Solidarity Initiative for Saygi, saying:

"Based on our own painful
experiences we worry about the possibility that Saygi will be
targeted by the random pressures and restrictions, disciplinary
punishments and torture that conscientious objectors are exposed
to in military prisons."

Soon after, he was taken into custody by police, because of an
outstanding arrest warrant on charges of desertion.

Halil Savda already spent several months in military prison, and
has been sentenced repeatedly on charges of "persistent
disobedience" or "desertion". On 12 April 2007, Halil Savda had
been sentenced to six month imprisonment on charges of
"persistent disobedience" between 25 January and 5 February 2007
(see
co-alert from 12 April 2007). On 15 March of the same year,
he had already been sentenced to 15.5 months imprisonment on
charges of desertion (see
co-alert from 20 March 2007).

Both sentences constitute a violation of Article 9 of the
European Convention on Human Rights, and Article 18 of the
International Covenant on Civil and Political Rights (Freedom of
thought, conscience, and religion), both of which Turkey has
signed and ratified.

The second sentence was not only a violation of Article 9 ECHR
and Article 18 ICCPR, it also constituted a violation of Article
14 para 7 of the ICCPR, which states that "no
one shall be liable to be tried or punished again for an offence
for which he has already been finally convicted or acquitted in
accordance with the law and penal procedure of each country".
The United Nations Working Group on Arbitrary Detention made
this clear in its opinion 36/1999, on the very similar case of
conscientious objector Osman Murat Ülke: "The
Working Group is of the opinion that there is, since, after the
initial conviction, the person exhibits, for reasons of
conscience, a constant resolve not to obey the subsequent
summons, so that there is "one and the same action entailing the
same consequences and, therefore, the offence is the same and
not a new one" (see Decision of the Constitutional Court of the
Czech Republic, 18 September 1999, No. 2, No. 130/95).
Systematically to interpret such a refusal as being perhaps
provisional (selective) would, in a country where the rule of
law prevails, be tantamount to compelling someone to change his
mind for fear of being deprived of his liberty if not for life,
at least until the date at which citizens cease to be liable to
military service."

The sentences also went against the spirit of the judgement of
the European Court of Human Rights from 24 January 2006 on the
case of Osman Murat Ülke. The court noted: "The
numerous criminal prosecutions against the applicant, the
cumulative effects of the criminal convictions which resulted
from them and the constant alternation between prosecutions and
terms of imprisonment, together with the possibility that he
would be liable to prosecution for the rest of his life, had
been disproportionate to the aim of ensuring that he did his
military service. They were more calculated to repressing the
applicant’s intellectual personality, inspiring in him feelings
of fear, anguish and vulnerability capable of humiliating and
debasing him and breaking his resistance and will. The
clandestine life amounting almost to “civil death” which the
applicant had been compelled to adopt was incompatible with the
punishment regime of a democratic society."

Halil Savda had been released from prison on 28 July 2007, after
serving the six months prison sentence, as at that time an
appeal against the 15.5 months sentence was still pending.
However, this appeal had been turned down recently. In addition,
Halil Savda had been ordered to report to 'his' military unit
within 48 hours, which he did not do. Following this, an arrest
warrant on charges of desertion had been issued.

Following his arrest on 27 March, it is highly likely that Halil
Savda will be brought to 'his' military prison in Corlu, to
serve his 15.5 months sentence, and to await trial on new
charges of desertion. This means that it is highly likely that
after serving his present sentence, he will need to serve a new
sentence, and might also be brought back to the military unit,
only to be given - and refuse - new military orders. The vicious
circle has again begun.